Recently, Sainsbury’s suffered another blow in the Employment Tribunal. Here, Linda Wong, a partner in the employment team, explains what this means for the shop floor workers impacted by the hearing.
It sometimes feels like Sainsbury’s is trying to block its shopfloor staff from being paid what they are worth at every opportunity possible, and the most recent hearing at the Employment Tribunal is no exception. 
In March 2020, Sainsbury’s claimed some store staff had provided incorrect job titles when submitting equal pay claims to the Employment Tribunal, making their claims invalid.
This allegation had the potential to impact thousands of store workers.
Thankfully, Leigh Day successfully challenged the allegation and the Employment Tribunal agreed that Sainsbury’s arguments were “very weak”, and their approach had “no proper factual basis”.
Sainsbury’s has now been ordered to pay related costs which could amount to as much as £432,000.
The final figure is still to be decided, but whatever the amount turns out to be, the money will be shared between clients who were affected by the March hearing, if their claim is successful.
The matter still needs to be referred to the county court where a cost judge will decide exactly how much Sainsbury’s needs to pay. This is because Employment Tribunals can’t decide on cost awards that exceed £20,000.
But the fact that the order has been made at all goes to show how badly Sainsbury’s has acted.
Costs awards are extremely rare in the Employment Tribunal. In fact, this is only the second time I have come across it in the 16 years that I’ve worked in employment law.
We’re hopeful that this decision acts as a clear sign to Sainsbury’s that they cannot push their weight around.
It’s time for Sainsbury’s to drop the delay tactics and for shopfloor workers received a pay cheque that properly reflects their hard work.
For more information or to join the claim visit www.equalpaynow.co.uk/sainsburys-equal-pay
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